HomeMy WebLinkAbout2003-12-18 Conservation Commission Minutes �1
Conservation Commission Meeting Minutes
December 18, 2003
Members Present: Scott Masse, Chairman, and Joseph W Lynch, Jr , Deborah Feltovic, John J
Mabon, Sean F McDonough
Absent Members: Albert Manzi, Jr , Vice Chairman, Beth Wescott
Staff Members Present: Julie Parrino, Conservation Administrator, Alison McKay,
Conservation Associate, Donna Wedge, Conservation Secretary
Meeting Came to Order at: 7:10 pm Quorum Present.
General Business
61A, Meeting Commons (Zahouiko)
No one was present A motion by Deborah Feltovic'to decline the right to purchase the property
under the provisions of Chapter 61A, seconded by Mr Mabon Unanimous
242-441,Modification, Lot 3 Long Pasture (Crowley) (Long Pasture Realty Trust)
The applicant Stephen Crowley and Mr Nigro were present Mrs Parrino presented an overview
of the project history and identified the noted modification changes Ms Parrmo stated the house
was proposed 90 feet from the wetlands,but the house was built 77 feet away The top of the
foundation is 4 feet higher than approved and the driveway built further from the wetlands than
proposed A brick walk and two front porches were built on the house greater than 50 feet from
the wetlands Two light posts were installed along the edge of the driveway and the septic system
reconfiguration has resulted in higher grades The original plans lacked details and only displays
a box house footprint and a driveway Condition# 30 requires that the driveway servicing the lot
be located within the driveway easement as shown on Lot 4 & 5 subject to the Planning board
issuance of a permit The lot is stable Mr McDonough questioned if certification letters were
submitted by the engineer A motion to issue the modification was made by Mr Mabon,
seconded Ms Feltovic Unanimous Mr Lynch made a motion to reconsider the vote for the
modification Mr Mabon seconded the motion Mr Lynch stated the inverts on the culverts
under the roadway were constructed differently than proposed on the approved plans and
therefore the water impoundment could not impact Plisinski's property at 505 Forest Street A
motion to issue the modification was made by Mr Lynch, seconded by Ms Feltovic
Unanimous
242-441,PCOC, Lot 3 Long Pasture (Crowley) (Long Pasture Realty Trust)
The applicant Stephen Crowley and Mr Nigro were present Mr Crowley stated the roadway
was accepted and the whole Subdivision is stable Mr McDonough questioned if certification
(�� letters were submitted by the engineer Ms Parrino stated they were recently submitted Scott
Masse questioned why they were dated in October9 Mr Crowley stated it took him some time to
get the paperwork together to file for the lots A motion to issue the PCOC was made by Ms
Feltovic, seconded by Mr Mabon Unanimous
242-441,PCOC, Lot 4 Long Pasture (Vista) (Long Pasture Realty Trust)
The applicant Stephen Crowley and Mr Nigro were present Ms Parrino stated almost the entire
lot is outside of the 100-foot buffer zone and a small portion of the driveway and utilities for lot
3 exist within an easement on this lot One brick masonry light post exists within the 50-foot No-
Build The driveway for Lot 3 was constructed further from the wetlands than proposed Brian
LaGrasse issued a letter dated June 19, 2001 to Mr Crowley stating he conducted an inspection
and the site appears to be in conformance with the Order of Conditions The lot is stabilized A
motion to issue the PCOC was made by Mr Mabon, seconded by Ms Feltovic Unanimous
242-441,PCOC, Lot 7 Long Pasture (Crowell) (Long Pasture Realty Trust)
The applicant Stephen Crowley and Mr Nigro were present Ms Parrino stated a modification
was issued for both Lot 7 & 8 for regrading as depicted on the Modification Plan/Grading Plan
dated 3/18/97 The order was Amended in April of 2000 for acceptance of the Modification Plan
for Lot 7 The modification was for a pool, filter deck and fence The proposed pool met the 50-
foot setback requirement The house shown on the modification plan was larger than the
footprint originally proposed The pool and fence configuration are different than what was
proposed, however, all setbacks have been adhered to and the work is located further from the
wetlands The changes in the house meets all the setbacks required A motion to issue the PCOC
was made by Mr Mabon, seconded by Ms Feltovic Unanimous
242-441,PCOC,Lot 8 Long Pasture (Herald) Long Pasture Realty Trust)
The applicant Stephen Crowley and Mr Nigro were present A modification was issued for this
lot for grading in 1997 The house was constructed further back on the lot than approved The
house and deck is outside of the 100-foot buffer zone There is an isolated non jurisdictional
wetland located to the front of the property The lot is stable A motion to issue the PCOC was
made by Ms Feltovic, seconded by Mr Mabon Unanimous
Recess for 25 minutes
Public Hearings at 8:00pm
Abbreviated Notice of Resource Area Delineation (Cont.)
242-1228, Route 114, McGregor Fence Co. (McGregor) (Epsilon)(Cont.from 12/3/03)
The applicant is still researching for the BLSF data and has requested to continue to the 1/14/04
meeting A motion to continue to the January 14, 2004 meeting was made by Ms Feltovic,
seconded by Mr Mabon Unanimous
J Notice of Intents (Continued)
242-1220, 57, 100, 157 Turnpike Street (Eaglewood Properties) (VHB) (Cont.from
12//3/03)
Jon Stevenson of VHB and Gene Crouch of VHB were present Mr Stevenson discussed a draft
agreement letter with Northmark Bank is pending and will be submitted when finalized A memo
has been submitted detailing the background information of Urban Retail Properties Co who
will be doing the site maintenance A list of properties they maintain was submitted
Gene Crouch addressed the off-site snow removal impacts to the hydrology of the resource area
Mr Crouch stated the ground is usually frozen in the winter and snow melt usually results in
surface flow The TR55 calculations recognize the frozen conditions and the coefficient changes
as the runoff curves are higher in the winter The project actually improves the infiltration
capabilities on site as runoff is directed to infiltration basins
Lisa Eggleston lust submitted her review letter Mr Lynch conducted a site visit at Brookstone in
Andover and the Acton Shopping Plaza to review the conditions of the sites maintained by
Urban Retail Co Snow stockpiling appeared to be an issue at both sites In Andover, the snow
was piled close to the Shawsheen River It was difficult to determine how clean the sites were
due to the heavy snow conditions A very strict O &M Plan needs to be put in place and the
applicants needs to address Lisa's comments in her letter received today Mr Lynch discussed
�l comment#13 in Lisa's letter which addressed the soil testing required on site He is aware of
/ high groundwater on the site and wants perk testing and results submitted before the close of the
hearing Jon Stevenson thought the soil testing would be conditioned The infiltrators will be
located in filled areas They currently have three firms bidding on the geotechnical testing to be
conducted on the site A motion to continue to January 14, 2004 was made by Ms Feltovic,
seconded by Mr Mabon Unanimous
242-1231, Town Common Utility Proiect (Mass Electric) (ENSR) (Cont. from 12/3/03)
Robert Hebert of Mass Electric and David Klinch of ENSR were present. At the last hearing,
Scott Masse requested a letter from Verizon and Comcast acknowledging their involvement in
the project. The letter is not ready for submittal The other concern raised at the last hearing was
whether spill containment pads should be installed around the transformers Four transformers
will be installed, 2 at the museum, 1 at the Trustees of Reservation and 1 near the Church
Installing the pad near the Church transformer will require approximately'/z dozen of truckloads
of fill The most likely cause of failure at this transformer would be automobile accidents The
transformer is approximately 75 feet from the wetland Joe Lynch questioned if grading a
containment area around the transformer would replace the need for a containment pad Mr
Hebert stated the spill contents would infiltrate into the ground Mr Lynch stated he wanted the
containment pad at that one location near the Church Mr Masse stated he wants the letters from
Venzon and Comcast acknowledging their involvement in the project and revised plans
depicting the containment pad at the Great Pond Road and Stevens Street corner A motion to
continue to the January 14, 2004 meeting was made by Ms Feltovic, seconded by Mr Mabon
l Unanimous
l
r 242-1227, 129 Cotuit Street (Saraceno) (Neve Associates)(Cont. from 12/3/03)
J John Morin of Neve Associates was present Ms Parrino stated the Commission requested
stream stats data to be submitted for the stream as abutters claim it is intermittent Mr Morin
subntted data depicting a watershed size of 0 11 with a flow of 0 at the 99% flow duration,
which indicates it, is intermittent Revised plans have been submitted with a detailed
construction schedule Mr Morin discussed the revised plan depicts a versa-lock wall proposed
35' from the edge of the wetland resource area Erosion controls have been extended along the
length of the left hand property line The catch basin grate was opened to determine the location
of the piping The outlet does not appear to exist behind the subject property They walked the
rear of the property and did not observe an outlet structure The roof gutters will be tied into the
foundation dram trenches The utility service will not be installed until the spring
Mr Lynch questioned the streamstats data and reviewed the watershed delineation Mr Lynch
stated energy dissipators may be necessary at the end of the foundation drains Brian Long, an
abutter, stated his concerns about the road condition and the heavy runoff into the street The
client is eager to close the public hearing because he has issues with the bank securing his loans
Ms Parrino is willing to submit a letter stating the permit will be issued at the next hearing and
no outstanding issues remain A motion to continue the hearing until January 14, 2004, was
made by Mr Mabon, seconded by Ms Feltovic Unanimous
242-1226, 70 Oakes Drive (Talbot) (New England Engineering)(Cont.from 12/3/03)
Ben Osgood of New England Engineering was present Mr. Osgood discussed the applicant has
been trying to get in touch with Natural Heritage but has not heard any thing from them A
motion to continue to the January 14, 2004 meeting was made by Ms Feltovic, seconded by Mr
Mabon Unanimous
Notice of Intents (New)
NACC# 14, 975 Forest Street (Dana Dubois) (Hancock)
Stacey Carpenter of Hancock Environmental Consultants and Applicants Mr &Mrs Dubois
were present Mr Mabon read the legal notice Stacy Carpenter presented an overview of the
project The project consists of the removal and replacement of an existing porch A 50-foot No-
Disturbance and 75-foot No-Build Zone is enforced for an ephemeral pool habitat The living
space of the sunporch will be expanded but will be cantilevered over the proposed posts Natural
Heritage has been notified as a courtesy Ms Parrino stated the wetland line has been reviewed
and approved and work will not extend further than the existing impacted area Mr Mabon
questioned if additional enhancement could be provided for altered areas in the 50' No-
Disturbance Zone He questioned if enhancement would benefit the area Mr Lynch stated he
wants medallions installed at the 50-foot No-Disturbance area A motion to close the hearing and
issue a decision in 21 days was made by Mr Lynch, seconded by Ms Feltovic Unanimous
242-1230, Lot 3 Saville Street (Saville Development) (Seekamp)
Laurie Powers of Seekamp Environmental Consulting and the applicant Mr John Ruth were
present Mr Mabon read the legal notice Ms Powers presented an overview of the project
` which consists of the construction of a single family home in the buffer zone to bordering
1
vegetated wetland The house is approximately 514 feet from edge of bordering vegetated
j wetland and a fieldstone wall is proposed along entire length of the No-Disturbance Zone The
Flags need to be re-established Ms Parrino stated the wetlands were approved under an RDA
filing in December of 2001 Lots are small and no error for setback construction can occur Mr
Cliff Pool, abutter of Wesley Street raised his concerns about the truck usage in the
neighborhood He questioned why Saville Street could not be extended Chris Ham??, an abutter
on Booth Street raised concerns about the trucks usage in the area John Casey, an abutter on
Booth Street raised concerns about the stormwater management plans for this area Chris
Maddigan of 44 Woodlea Village raised concerns about the detention pond Barry York an
Abutter of 39 Woodlea Village raised concerns about the drainage design in the area Chris Pool
stated he has been waiting for Robert Ahern to contact him to discuss his concerns Mr Ahern
sent him a letter stating he would meet with him for discussion, however, Mr Pool has not yet
heard from him Currently, the residents of Woodlea Village are experiencing drainage and
flooding problems and they are concerned the new development may increase the impacts The
Commission discussed whether the proposed 2' high retaining wall was sufficient or should the
wall height be increased to 4' It was decided that a 2' high wall was satisfactory A motion to
close the hearing and issue a decision in 21 days was made by Mr Mabon, seconded by Ms
Feltovic Unanimous
242-1229,Lot 4 Saville Street (JMR Development) (Seekamp)
Laurie Powers of Seekamp Environmental Consulting and the applicant, John Ruth were present
Ms Powers presented an overview of the project which consists of the construction of a single-
family house in the buffer zone to bordering vegetated wetland The house is approximately 50 2
feet from the edge of the bordering vegetated wetland A deck is proposed to the side of the
house and a fieldstone wall is proposed The wetland line formerly reviewed under a previous
filing under an RDA in December of 2001 Ms Parnno recommended the fieldstone wall should
be extended along the entire length of the 25-foot No-Disturbance Zone or the limit or clearing
be reduced There is a high likelihood for encroachment into the 25' No-Disturbance Zone
without a physical barrier along the limit of clearing Ms Parrino stated prior to construction
wetland flags must be replaced She questioned dewatering and soil stockpiling areas9 Mr
Lynch questioned if this house had a walk out basement or a second means of egress off the back
of the house Considering the 50' No-Build runs along the back of the house, there is no room for
patios or stairs The applicant stated there is no back egress and the second egress will be off the
side of the house The Commission requested revised plans be submitted showing the location of
the extended wall In addition, the Commission requested the applicant to submit a letter
acknowledging a second egress will not be allowed from the rear of the house A motion to
continue to the January 14, 2004 meeting was made by Ms Feltovic, seconded by Mr Lynch
Unanimous
242-0000, 1003 Osgood Street- Lakeview Farm Development (Thomas Properties,
LLC)(West Environmental)
Mark West of West Environmental and Brian Darcy of Thomas Properties LLC were present
Mr Masse left the room due to a conflict of interest Mr Lynch took over as Chairman Mr
Mabon read the legal notice Mr West provided an overview of the project which consists of an
addition to an existing building, associated parking, stormwater management and the
construction of a soccer field in the buffer zone to BVW located on Lake Cochichewick The
applicants stated the office space and apartment would be one owner and the fields would be
( used by the North Andover public for day use mostly by children ten years and younger Ms
�1 Parrino briefly discussed some of the stormwater management concerns The project must be
sent to Lisa Eggleston for review and escrow must be established The site is located in a critical
area and the 1"inch of runoff must be treated Mr Lynch stated because this is in the Watershed
Protection District it is a critical area The wetland line has not yet been reviewed and approved
in the field A motion to setup an escrow account in the amount of$2500 was made by Mr
Mabon, seconded Ms Feltovic Unanimous A motion to continue to the January 14, 2004
meeting was made by Mr Mabon, seconded by Ms Feltovic Unanimous
Decisions
NACC #14, 975 Forest Street
A motion to set bond in the amount of$1500, wetland markers, 6 planting along the 50-foot No-
Build Zone and as-built plans was made by Mr Mabon, seconded by Ms Feltovic Unanimous
242-1230, Lot 3 Saville Street
A motion to set bond in the amount of$3000, wetland markers, fieldstone wall, foundation plan
with wetland line setbacks, and as-built plans was made by Ms Feltovic, seconded by Mr
Mabon Unanimous
Meeting adjourned at 10:20pm.